Protake用户服务协议（英文版）

1. General Rules

Protake, operated by Beijing Lingguang Zaixian Information Technology Limited（北京灵光再现信息技术有限公司）is subject to the following provisions and conditions (“Provisions”) contained in this Protake Terms of Use (“Terms of Use”) to provide the service(s) (“Service” or “Services”). may update the Provisions of the Terms of Use from time to time at its own discretion, without notice. Once Protake updates the Terms of Use, Protake will posted the updated version of the Terms of Use on its website. The updated version of Terms of Use shall come into effect and replace this Terms of Use immediately once posted.

You shall read the Terms of Use carefully before you use the Service. Please stop using all services if you are unwilling to accept all or part of this Terms of Use and any future updates version of this Terms of Use, please immediately cease your use of Protake. If you use the Service, you are agreeing to be bound by this Terms of Use, including any future updated version of Terms of Use, and become a Protake Member (“Member” or “You”).

2. Service Description

Protake provides the following Services to the Members: recording video footage with professional experience, manual control and assistant tools . Any improvement or development the functionality of present Service, including new product releases, is subject to the Terms of Use, otherwise there are other express Provisions in this Terms of Use indicated the contrary. You acknowledge and agree that the Service is provided as its present condition, and Protake is not liable for any delay, removal or deletion, transmission error, saving failure or other problems of Members’ information or personal settings. Protake reserves the right to suspend any part of the Service due to maintenance, updating or other purpose without notice.

3. Comply with the Applicable Laws

You agree to comply with the applicable laws and regulations of the People’s Republic of China (the “PRC”), and be responsible for all use of the Service under your Account(defined below) and password by any manner of means. You shall bear all legal responsibilities if you violate any applicable laws and regulations which may constitute a crime, and you may be subject to criminal prosecution.

Meanwhile, if Protake reasonably believe that any of your actions, including but not limited to any of your speech and other actions, violate or may violate any applicable laws and regulations, Protake may stop providing service to you without prior notice.

4. Your Registration Obligation

In order to use the Service, you agree the following: providing a valid phone number, password and Member ID according to this section 4, and ensure the validity and legality of the updated information such as phone number, Member ID and head portrait. If you provide any information illegal, immoral or content that Protake deems to be inappropriate, or Protake reasonably suspect your information is malicious, Protake has the right to suspend or terminate your access to your Account(defined below) and reject you from using all or any part of the Service at present and in the future.

Protake is not responsible for any registration information from any Member, including without limitation the responsibility to identify or verify whether any registration information is authentication, correctness, completion, applicability and/or latest.

5. Member ID, Password and Security

You can use your phone number and password to log in to your Protake Account (“Account”) after you complete the registration process. You are responsible for safeguard your Account and fully responsible for all activities occured under your Account. You agree that:

1) You shall notify Protake immediately if you know or suspect that your Account has been unauthorised access or any other security problem;

2) Protake cannot and shall not be responsible and liable for any loss or damage arising from your failure to safeguard your Account and password;

3) You shall be responsible for all activities occured under your Account. You shall be fully responsible for any damage or loss to you, Protake and any third party arising from your failure to safeguard your Account and password.

6. Protake Privacy Policy

The processing of registration information which you provide and other personal information which Protake collects shall be regulated by the PRC laws and the Protake Privacy Policy.

7. Providers’ Obligations

According to relevant laws and regulations, Protake reminds you that the provider which provide the Content (“Provider”, the Content is defined below) shall be liable for any text, news, material, music, picture, graphic, video, message or other information (“Content” or “Contents”) posted or uploaded through Protake, whether in public or private. Protake only provides the space for Members to storage the Content, and could not control the Contents transmitted through Protake, thus, Protake could not guarantee the correctness, completeness or quality of the Contents. You understand that by using the Service, you may be exposed to content which is offensive, inappropriate or disgusting Protake shall not be liable for any Content in any circumstance, but Protake has the right to terminate the transmission of such Contents and take actions, including but not limited to suspend the Member from using all or part of the Service, and keep the records and report to relevant authorities.

8. Members’ Use of Protake

Each Member agrees that the Member shall not involve any illegal or inappropriate activities by using the service, including but not limited to the following activities:

1) Publishs or transmits information that contains the following content:

* Opposes the principles determined in the Constitution;

* Jeopardizes state security, leaks state secrets, subverts state power, or undermines the unity of the nation;

* Damages the honour and interests of the nation;

* Instigates ethnic hatred or racial discrimination or undermines the national solidarity;

* Sabotages the religious policies of the state, propagates heresies or superstition;

* Disseminates rumours, disrupts the social order or undermines the social stability;

* Disseminates obscenity, pornography, gambling, violence, murder, horror or instigates others to crime;

* Infringes others' legitimate rights and interests by insulting or slandering others;

* Contains content that is defamatory, defamatory, malicious, coercive, obscene, vulgar, slanderous, obscene, obscene, or morally offensive to others;

* Otherwise prohibited or limited by the laws or administrative regulations;

* Protake deemed to be inappropriate to display.

2) Infringes the legitimate rights and interests of others by any manner of means;

3) Counterfeits any other individual or institution, or make a false statement or give false information relating to any other individual or institution;

4) Transmits any content which learned but unauthorized in accordance with any law, contract or legal relationship (such as internal, exclusive or confidential information learned through confidential relationship regulated by confidential agreement or employment relationship) by publishing, emailing or any other method;

5) Posts or transmits Contents which infringe any third party’s copyrights, patents, trademarks, trade secrets or other exclusive rights (“Exclusive Rights”);

6) Transmits any advertising, promotional materials, “junk mail”, “spam mail”, “chain mail”, “direct marketing mail” or any induced materials by publishing, distributing or any other method;

7) Transmits any computer virus, computer code, file, program or any material to interfere, damage or restrict any computer software, hardware or communication equipment functions by publishing, distributing or any other method;

8) Interferes or damages the Service or the network relating to the Service, or violate any regulations, programs, policies or rules which the network relating to the Service;

9) Harass others by tracking, cyber manhunt or other means;

10) Violates deliberately or unintentionally of any applicable local or national laws or any effective regulations;

11) Intercepts, tampers, collects, stores or deletes other’s personal information, internal emails or other data without legally authorization, or use such materials in an illegal or inappropriate purposes.

You accept that Protake could not fully control Members’ activities. You agree that you shall judge and take risks on your own when you use any content including the correctness, completeness or practicability which relying on the aforesaid information, and Protake is not liable for such risks. However, Protake may decide on their own discretion to reject and delete any content which provided by the Service in the violation of the terms or any content would be invidious by Protake.

You acknowledge and agree that Protake has the right to store or disclose the content in accordance with laws and regulations, or for the following purpose in necessary scope and based on the good faith:

a) Comply with legal procedure;

b) Execute the Terms of Use;

c) Respond to any third party’s claims;

d) Protect the rights, property or personal safety of Protake, Members and the public;

e) Other circumstances which Protake deems to be necessary.

9. Special Warning for International Use

You acknowledge the non-national boundary of network and you agree to comply with local laws and regulations relating to online behavior. Further, you specially agree to comply with the applicable laws and regulations of the PRC or the country or district you resident to about the transmission of information.

10. Disclaimer

1) Members explicitly agree that he/she shall be fully responsible to the risks that the text, message, material, music, picture, graphic, video, message or other personal information which he/she uploaded on the Internet might be duplicated or reproduced by other entities or individuals for other purposes. Members shall be fully responsible to all the consequences by using the Service of Protake, and Protake is not liable for such risks to Members.

2) Members’ text, message, material, music, picture, graphic, video, message or other personal information used by official account such as Weibo or Wechat for promotion is not an infringement of the Member’s relevant rights, and Protake is not liable for that.

3) Protake will take actions to delete malicious comments aim at a Member if reporting by any Members, but Protake could not guarantee such actions might be satisfied with the Member and Protake is not be liable for such malicious comments.

11. Indemnity

You agree to indemnity Protake and its subsidiaries, affiliated enterprises, executives, agents, co-owners of the brand, or other cooperative partners and their employees from any damages and agree to bear all legal responsibilities claimed or demanded by any third party, including the reasonable attorney fees, arising from or lead by the Contents you provided, published or transmitted through the Service, your connection with the Service, your violation of the Terms of Use, or your infringement of the third party’s rights.

12. Non-commercial Use of Protake

You agree that you will not duplicate, copy, sell, resell any part of the Service or usage of the Service for any commercial purpose.

13. General Measures Relating to the Usage and Storage

You accept that Protake has the right to formulate general measures and restrictions relating to the usage of the Service, including but not limited to store the Contents or the maximum period of the Contents had been posted, and the top limit of times for using the Service in a certain period (and the maximum time period for every use). You agree that Protake shall not be responsible to any information, communication material or other contents posted or transmitted through the Service if it is deleted or not stored. You agree that Protake may change the general measures and restrictions on its own discretion at any time, with or without notice.

14. Change of the Service

Protake has the right to temporarily or permanently change or terminate the Service (or any part of it), with or without notice. You agree that Protake shall not be responsible to you and any third party for any change, suspend or terminate of the Service.

15. Terminate of the Service

You agree that Protake may terminate your account or the use of the Service (or any part of it) and delete any content you provided to the Service on its own discretion, including but not limited to you lack of usage, or Protake believes that you violate the Terms of Use. You agree to comply with the Terms of Use during using the Service. You accept and agree that Protake may suspend, terminate or delete your Account and all information and documents in your Account, and/or stop you from using the aforesaid information or the Service without prior notice. Further, you agree that Protake shall not be responsible to you or any third party if the Service is suspended or terminated, or your Account and relevant information are closed or deleted.

16. Transaction with Advertisers and Third Parties

Communications and business contact by any means through Protake between you and advertisers and other third parties, or promotion activities involved, including payment and delivery of related products or services, and any other related provisions, conditions, warrants or representations achieved, are the activities between you and advertisers and other third parties. Protake shall not be responsible for you and aforesaid advertisers or other third parties for any losses or damages inferred in above deals.

17. Exclusive Rights of Protake

You acknowledge and agree that, the Service and related software used to provide the Service (“Software”) contains intellectual property rights and other exclusive confidential materials protected by laws. You further acknowledge and agree that the sponsor advertisements or information displayed to you through the Service or advertiser is protected by copyrights, trademark rights, patent rights or other exclusive rights. You shall not change, rent, lend, sell, and spread all or any part of the Service or the Software without express authorisation of Protake or advertisers, nor shall you produce derivative work based on the Service or the Software, or use the unauthorised changed Software, including but not limited to use the Service without authorisation. Protake only authorise yourself, inalienable and non-exclusive use right, therefore, you can use the object code on a single terminal, but you shall not (nor can you allow any third party to) discover source code by duplicate, change, produce derivative work, reverse engineer, decompile or by other means, or sell, transfer, re-authorise or create a security on the Software, or transfer any rights of the Software by any means. You agree to use the Service through the interface Protake provided but not by any other means.

18. The Warranty and Representation

You clearly understand and agree that:

1) Any provision of the Terms of Use would not exempt Protake from the liability for your personal injury, or loss of property caused intentionally or by gross negligence of Protake.

2) You bear the risks of using the Service. The Service is provided in its present and existing condition. Protake will not make any warranty or representation to the Service, either express or implied, including but not limited to the warranty and representation of course of dealing or usage of trade, or statutory as to any matter whatsoever or free from tort.

3) Protake does not guarantee any of the following matters:

* The Service meets your demands;

* The Service is free from interference, provided in time, is safe or without mistakes;

* The result by using the Service is accurate and reliable;

* Any product, service, message or other information purchased or gained through the Service matches your expectation.

4) You shall decide and take the risks whether to download or get any information through the Service. You shall be fully responsible for the damages of your cellphone or loss of data by downloading any information.

5) Any suggestions or information obtained from Protake or the Service, whether in written or oral, will not constitute any guarantee beyond the Terms of Use, except otherwise stipulated in the Terms of Use.

6) If Protake and/or its cooperation partner use your right to portrait, right to personal name and/or other legal rights, you agree to authorise Protake and its cooperation partners to use your right of portrait, right to personal name and/or other legal rights.

19. Limitation of Liability

You clearly understand and agree that, Protake is not liable for any direct, indirect, collateral, particular, derivative loss or punitive damage, including but not limited to loss of profits, loss of reputation, loss of application, loss of data or other invisible loss, caused by any of the following reasons:

1) The use of the Service or out of the Service;

2) The cost of replacing or getting any product, data, information, service purchased through the Service, receiving messages, or negotiating a contract;

3) The unauthorised and alteration of access your data or alteration of your transmission;

4) Any statement or action made by a third party in the Service;

5) Other issues related to the Service, except otherwise stipulated in the Terms of Use;

6) Protake is not responsible for economic loss caused by any fraudulent messages or any induction released and delivered by any third party.

20. The Trademark Information of Protake

You agree not to show, use or otherwise dispose the trademark Protake and other registered trademarks, logos, products and service names of Protake without prior written permission, or express that you have the right to show, use or otherwise dispose such.

21. Members’ Exclusive Rights

Protake respect others’ intellectual property rights, and Protake appeals Members to do the same.

The Service and data of Protake is provided in present situation and Protake explicitly refuse to make guarantee to the Service, data or products, whether expressly or implicitly, including but not limited the guarantee for business use or special purpose. Protake is not responsible for any direct, indirect, collateral loss or other derivative loss resulted from the Service, data and products.

If you cause infringement to others’ intellectual property rights, Protake will delete such infringed content, and/or terminate your account according to the relevant laws and regulations, or according to the Terms of Use or relevant provisions if appropriate.

Protake respect others’ rights (including intellectual property rights), meanwhile, Protake requires Members to do the same. Protake has the right to terminate the Member’s account in its own discretion where the Member infringes others’ rights when appropriate.

You need to contact Protake in time and provide full evidence when you believe your copyrights or other intellectual property rights are infringed according to “Regulations on the Protection of Rights to Information Network Communication”. You may also download the standard format of “the Notice of Request to Delete or Disconnect the Link the Infringing Content” (“Delete Notice”) on the website of National Copyright Administration of the PRC (“NCAC”). If you do not understand the content of Delete Notice, please go to the website of NCAC and check the filling explanation of Delete Notice.

22. General Provisions

1) This Terms of Use, Privacy Policies constitute the entire agreement between you and Protake with respect to and govern your use of the Service. Your use of related services, contents, application and software providing by any third party shall be subject to any applicable additional provisions and conditions.

2) This Terms of Use and the relationship between you and Protake are governed by the laws of the PRC. Any dispute between you and Protake arising from the Service, the Terms of Use and other issues should be settled through friendly negotiation. If no agreement can be reached, both parties can apply for arbitration to the China International Economic and Trade Arbitration Commission. The arbitration shall be conducted in Beijing. The arbitration should be final and binding upon both parties.

3) Protake’s failure to enforce any right or failure to act any Provisions in the Terms of Use will not constitute a waiver of the aforesaid rights nor a waiver of any rights.

4) If any of the Provisions is invalid because of its conflict with the PRC laws, you still agree to follow the laws to make that provision to be valid according to the intention of the parties, and other Provisions of the Terms of Use shall remain valid.

5) The title of the Terms of Use is set up for convenience, which has no legal effect and contract effect.

6) Once you agree on the Protake Terms of Use when register or log in Protake means that you agree with all terms above, and the Terms of Use is binding on you.

7) Protake reserves the right of final explanation of the Terms of Use.

Refund Policy

This Refund Policy of Protake ("Refund Policy") is prepared in order to help Members (defined below) minimize potential losses incurred when they fail to timely cancel the auto-renewal service due to negligence or for other reasons, after the Service (defined below) has been activated.

1. Definitions

a) Protake Paid Member (“Member”) refers to an individual who has agreed to the Protake Terms of Use and Privacy Policy, and voluntarily purchases the Service (defined below).

b) Protake Paid Membership Service (“Service”) refers to the service offered by Beijing Lingguang Zaixian Information Technology Limited, which Members can enjoy.

2. Scope of Refund Policy

This Refund Policy only applies to Members who have purchased upfront the Service and auto-renewed their membership to the Service by automatic deduction at the next billing cycle.

3. Calculation of Refund Amount

a) Refunds under this Refund Policy refers to the Service fee (“Fee”) calculated from the day when a refund request is duly made to the last day of the billing cycle. Protake will not refund the Fee for any days prior to a refund request being made, regardless of whether a Member has actually used the Service or not during that period.

b) The portion of the Fee to be refunded under this Refund Policy will be calculated and paid in a pro-rated manner based on the number of days remaining in the billing cycle of the Member. The calculation formula is as follows: the Fee actually paid by the Member will be divided by the number of days in the full billing cycle; that number will be multiplied by the number of days from the date the refund request is made until the last day of that billing cycle.

c) The refund amount under this Refund Policy shall not be higher than the Fee actually paid by a Member (i.e., equal to the Fee for the next billing cycle that would be deducted upon the automatic renewal of the Service).

4. Refund Method

All refunds under this Refund Policy will be reimbursed to the original form of payment, namely, the refund will be paid to the payment channels authorised by the Member, such as WeChat, Alipay, Baidu Wallet, telecom operators withholding the fee, Tenpay, etc.

5. Refund Request

Members can request a refund within the billing cycle of the auto-renewal Service by calling 010-85991741 or as otherwise instructed by Protake. The refund request will be accepted within 15 working days. In addition, the Member must cancel the Service subscription in accordance corresponding rules from App Store on Android or iOS (depending on the Member’s device).

If a Member does not request a refund within the billing cycle of the auto-renewal Service, then the Member automatically forfeits the right of requesting a refund.

6. Supplementary Provisions

Given the rapid development of the Internet industry, the terms and conditions (“Provisions”) set forth in this Refund Policy cannot fully enumerate and cover all rights and obligations between Members and Protake. The Provisions are also subject to the service policies in effect and updated from time-to-time on the Android or iOS system. Protake may amend this Refund Policy time to time in accordance with applicable PRC laws and regulations, and the Android or iOS subscription service policies, so as to maintain the normal service order or protect the rights and interests of Members. The amended Refund Policy will be communicated to Members through statutory or agreed-upon procedures and will take effect in accordance with the applicable laws and regulations.

If you have any questions, please feel free to email us at hello@dafork.com.